[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Rules and Regulations]
[Pages 16173-16174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05372]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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  Federal Register / Vol. 88 , No. 51 / Thursday, March 16, 2023 / 
Rules and Regulations  

[[Page 16173]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 1, 2, and 3

[Docket No. APHIS-2020-0068]
RIN 0579-AE61


Standards for Birds Not Bred for Use in Research Under the Animal 
Welfare Act; Correction

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; correction.

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SUMMARY: The Animal and Plant Health Inspection Service is correcting a 
final rule that was published in the Federal Register on February 21, 
2023. The rule established standards governing the humane handling, 
care, treatment, and transportation of birds, excluding birds bred for 
use in research, covered under the Animal Welfare Act. The final rule 
erroneously omitted a word from one paragraph in the amendatory text 
and included an inaccurate phrase in another paragraph of the 
amendatory text. This document corrects these errors and amends the 
regulations to add the appropriate wording.

DATES: This correction is effective March 23, 2023.

FOR FURTHER INFORMATION CONTACT: Dr. Cody M. Yager, DVM, MPH, Avian 
Specialist, Animal Care, APHIS, 4700 River Road, Unit 84, Riverdale, MD 
20737; [email protected]; (970) 494-7478.

SUPPLEMENTARY INFORMATION: On February 21, 2023, we published a final 
rule (88 FR 10654-10721) \1\ that will be effective on March 23, 2023, 
and that established standards in 9 CFR part 3 to govern the humane 
handling, care, treatment, and transportation of birds, excluding birds 
bred for use in research, covered under the Animal Welfare Act (AWA). 
We also revised the already existing AWA regulations in parts 1 and 2 
as appropriate to include birds.
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    \1\ To view the final rule, go to http://www.regulations.gov and 
enter APHIS-2020-0068 in the Search field.
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    The amendatory instruction to the Office of the Federal Register 
for the revision to Sec.  2.1 included an instruction to add two 
sentences to the end of paragraph (a)(3)(iii). These sentences 
constitute a new licensing exemption, specific to birds, with exemption 
thresholds based on the number and size of birds sold annually.
    For reasons we explain on page 10672 in the preamble to the final 
rule, our intention is that the regulatory exemption threshold is to be 
based on the number of birds sold annually (i.e., per calendar year). 
However, we inadvertently omitted the word ``annually'' in paragraph 
(a)(3)(iii) of the regulatory text in the four instances where we 
intended it to occur.
    We therefore consider it necessary to add the word ``annually'' to 
Sec.  2.1(a)(3)(iii) in four locations to indicate our intention in the 
regulatory text.
    In addition, the amendatory instruction we provided to the Office 
of the Federal Register for revising Sec.  3.161(g) included language 
stating that carriers and intermediate handlers must not accept 
unweaned birds for transport unless an attending veterinarian finds 
that such transportation is necessary for veterinary care. However, on 
page 10703 in the preamble to the final rule, we stated that we are 
amending proposed Sec.  3.161(g) to indicate that carriers and 
intermediate handlers must not accept unweaned birds for transport 
unless instructions for conditions of transport to ensure the health 
and well-being of the birds are specified and written by the attending 
veterinarian, and signed within 10 days of shipment. We also stated 
that these instructions are intended to ensure that temperature, 
handling, and other conditions of transport are not detrimental to the 
health and well-being of the birds in accordance with the Act. Our 
intention is to allow unweaned birds to be accepted for transport as 
long as the instructions for conditions of transport ensure the health 
and well-being of the birds. We did not intend that veterinary care be 
the sole authorized reason for transporting unweaned birds.
    To correct the amendatory text with the intended meaning explained 
in the preamble, we therefore consider it necessary to remove the words 
``an attending veterinarian finds that such transportation is necessary 
for veterinary care, and transport instructions'' in Sec.  3.161(g) and 
replace them with the words ``transport instructions to ensure the 
health and well-being of the birds''.
    Accordingly, this rule corrects the inadvertent omission and 
inaccurate phrase.

Corrections

    In FR Doc. 2023-03357 appearing on page 10713 in the Federal 
Register of Wednesday, February 22, 2023, the following corrections are 
made:


Sec.  2.1  [Corrected]

0
1. On page 10713, in the first column in Sec.  2.1, in paragraph 
(a)(3)(iii), ``* * * Also exempt from licensing is any person who sells 
200 or fewer pet birds 250 grams or less, and/or sells 8 or fewer pet 
birds more than 250 grams, determined by average adult weight of the 
species, which were born and raised on his or her premises, for pets or 
exhibition, and is not otherwise required to obtain a license. This 
exemption does not extend to any person residing in a household that 
collectively sells more than 200 pet birds 250 grams or less, and/or 
sells more than 8 pet birds more than 250 grams, regardless of 
ownership;'' is corrected to read ``* * * Also exempt from licensing is 
any person who sells 200 or fewer pet birds 250 grams or less annually, 
and/or sells 8 or fewer pet birds more than 250 grams annually, 
determined by average adult weight of the species, which were born and 
raised on his or her premises, for pets or exhibition, and is not 
otherwise required to obtain a license. This exemption does not extend 
to any person residing in a household that collectively sells more than 
200 pet birds 250 grams or less annually, and/or sells more than 8 pet 
birds more than 250 grams annually, regardless of ownership;''


Sec.  3.161  [Corrected]

0
2. On page 10719, in the second column, in Sec.  3.161, in paragraph 
(g), ``Carriers and intermediate handlers must not accept unweaned 
birds for transport unless an attending

[[Page 16174]]

veterinarian finds that such transportation is necessary for veterinary 
care, and transport instructions are specified and written by the 
attending veterinarian, and signed within 10 days of shipment.'' is 
corrected to read ``Carriers and intermediate handlers must not accept 
unweaned birds for transport unless transport instructions to ensure 
the health and well-being of the birds are specified and written by the 
attending veterinarian, and signed within 10 days of shipment.''

    Done in Washington, DC, this 10th day of March 2023.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-05372 Filed 3-15-23; 8:45 am]
BILLING CODE 3410-34-P